"Lewd & lascivious" behaviour in Calif.

[twelvericepaddies]

In California law, what acts constitute L&L behaviour. It seems to exclude actual sex and include something else. What could it be?

[paperbackwriter]

California Penal Code PENAL CODE SECTION 288

288. (a) Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.

I suppose masturbation, fondling, etc. would fall into this.

IANAL, so I don’t know the exact dividing lines between this charge and the higher charges in that section of the CA penal code.

[Moirai]

Well, 288(b) is forced oral copulation, and rape falls under a different heading altogether.

So I guess L&L would be all sexual touching with no penetration.

[doctordoowop]

288 PC could include penetration. DA’s prefer to charge it rather than rape, because each touch is a crime- a kiss, fondle, oral cop, rape etc. Even stroking the hair on the head I have seen charged. Also, an easier way to get years-I wonder if the DA who dislikes Jacko will try to get 3 strikes in one series of crimes.

[Moirai]

It’s been done before (3 strikes in one spree).

Actually, 288 is so broad that even a non-touching event can qualify, such as posing, watching someone shower, etc.